damage the glass, to wit, 200 panes of glass of great value, to wit, of, &c. of and belonging to the windows of the said church of the parish of, aforesaid, in the county aforesaid, in contempt, &c. to the evil example, &c. and against the peace, &c. Indictment for [Commencement of indictment as ante, 2.] That the defendants disturbing a being persons of evil minds and dispositions, and not regarding dissenting congregation on the laws and statutes of this realm, nor fearing the pains and toleration act penalties therein contained, but unlawfully and wilfully intending 18.5. 18. (1) maliciously and contemptuously to disquiet and disturb a certain 1 W. & M. c. (1) See form 5 T. R. 542. Peake Rep. 132. The 1 W. & M. c. 18. s. 18. enacts, "that if any person or persons, at any time or times after the 10th day of June, do and shall willingly and of purpose maliciously or contemptuously come into any cathedral or parish church, chapel or other congregation permitted by this act, and disquiet or disturb the same, or misuse any preacher or teacher, such person or persons upon proof thereof before any justice of the peace, by two or more sufficient witnesses, shall find two sureties to be bound by recognizance in the penal sum of fifty pounds, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions, and upon conviction of the said offence at the said genéral or quarter sessions, shall suffer the pain and penalty of twenty pounds to the use of the king's and queen's majesties, their heirs and assigns for ever." The 52 Geo. 111. c. 155. s. 12. enacts, "that if any person or persons do and shall wilfully and maliciously or contemptuously disquiet or disturb any meeting, assembly or congregation of persons assembled for religious worship, permitted or authorized by this act or any former act or acts of parliament, or shall in any way disturb, molest or misuse any preacher, teacher or person officiating at such meeting, assembly or congregation, or any person or persons there assembled, such person or persons so offending upon proof thereof before any jus tice of the peace, by two or more credible witnesses, shall find two sureties to be bound by recognizances in the penal sum of fifty pounds, to answer for such offence, and in default of such sureties shall be committed to prison, there to remain till the next general or quarter sessions, and upon con viction of the said offence at the said general or quarter sessions, shall suffer the pain and penalty of forty pounds."-See a precedent on the last act, post 27, 8.-It was held in Peake Rep. 132. that it is not necessary in support of the above indictment to prove the taking of the oath required by the act; but if proved it must be by the record and not by parol evidence. It is not necessary to prove malice, and a person claiming an interest may be indicted, Peake 132. An indictment found at sessions may be removed into the King's Bench by prosecutor, before verdict, 5 Term Rep. 542. Each defendant is liable to the penalty of twenty pounds, 5 Term Rep. 542. When there is any doubt as to the proof of the defendants having committed the disturbance by entering into the place of worship, the indictment should be framed and a count should be added on the 52 Geo. 3. c. 155. s. 12. as post, 27, 8. which subjects the offenders to the greater penalty of forty pounds, and if several concurred, the indictment may be at common law for a conspiracy and riot as post 29. As to an information in the King's Bench for disturbing a dissenting congregation, see 3 Burr. 1683. congregation of protestant dissenters from the church of England, assembled for the purpose of religious worship, (m) on, &c, (n) with force and arms at, &c. did wilfully and of purpose maliciously and contemptuously come into a (0) certain chapel, situate, &c. the same chapel then and still being duly certified, registered, and allowed, pursuant to the statute in such case made and provided, and did then and there wilfully and of purpose during the time of divine worship, maliciously and contemptuously disquiet and disturb a certain congregation of protestant dissenters from the church of England, being then and there assembled in the aforesaid chapel for the purpose of religious worship, in contempt of public worship, to the evil example of all others, against the form of the statute in such case made and provided, and against the peace, &c. That A. B. late of, &. C. D. late of, &c. and E. F. late of, &c. The like in another form. being disorderly and ill disposed persons, on, &c. the same being (P) the Lord's day commonly called sunday, with force and arms unlawfully, willingly, and of purpose, maliciously and contemptuously came into a congregation of protestant dissenters being subjects of our said lord the present king, then lawfully assembled and met for religious worship in the dwelling house of J. M. in the said parish of B. aforesaid, the same congregation then and there being a congregation for religious worship, permitted and allowed by a certain act of parliament made and passed in the first year of the reign of their said late majesties king William and queen Mary; and the said place of the said meeting of the said congregation, then and there being duly certified and registered according to the said act, and did then and there unlawfully, wilfully, and of purpose maliciously and contemptuously disquiet and disturb the same congregation then and there assembled and met as aforesaid, against the form of the statute, &c. and against the peace, &c. And the Second count. jurors aforesaid do further present, that the said A. B., C. D., and E. F. being such disorderly and ill-disposed persons as aforesaid, on, &c. the same day being the Lord's day commonly called (m) This allegation of bad character and jutent seems unnecessary, ante 1 vol. 223, 245, (n) Some indictments here state "being the Lord's Day, commonly called Sunday," see 2 Starkie, 650. but this seems unnecessary. (0) It is necessary in an indictment on 1 W. & M. c. 18. s. 18: to insert this averment, but not so in indictment on 52 Geo. III. c. 155. s. 12. see post, 27, 8. In other (p) See notes to the last prece- The like for disturbing a sunday, with force and arms unlawfully, willingly, and of purpose, maliciously and contemptuously did enter and come into a certain room or passage of the dwelling-house of the said I. M. adjoining. to a certain other room in the same dwelling-house, in which last mentioned room, a certain congregation of protestant dissenters, subjects of our said lord the present king, were then and there lawfully assembled and met for religious worship, the same congregation then and there being a congregation for religious worship, permitted and allowed by a certain act of parliament, made and passed in the said first year of the reign of our said late majesties king William and queen Mary, and the said place of the said meeting of the said congregation then and there being duly certified and registered according to the said act, did then and there unlawfully, willingly, and of purpose, and maliciously, irreverently, and contemptuously make divers great cries, noises, and disturbances, to disturb and disquiet, and did then and there disturb and disquiet the same congregation so then and there assembled and met as aforesaid, against the form, &c. and against the peace &c.. [Commencement as ante 2.] Middlesex. That at the gencongregation eral quarter sessions of the peace of our sovereign lord of Anabaptists on 1 W. & M. George the third, king of Great Britain, &c. holden for the c. 18. s. 18. (q) county of Middlesex, at Hicks's Hall, in Saint John Street, in the said county, by adjournment, on the day of in the year of the reign of our sovereign lord, George the third, king of Great Britain, &c. before Sir John Hawkins, knight, and others, their fellows, then justices of our said lord, the now king, assigned to keep the peace, in the said county of Middlesex, and also to hear and determine divers felonies, trespasses, and other misdemeanors committed in the said county A. B. clerk, teacher, or preacher to a congregation of protestants, dissenting from the church of England, scrupling infant baptism, pursuant to the statute in that case made and provided, did certify to his Majesty's justices of the peace for the said county, assembled in quarter sessions, aforesaid, that he had appointed a certain house situate at in Staines, in the parish of in the county of Middlesex, to assemble and meet in and for religious worship, which at the same general quarter sessions of the peace, was registered and recorded in manner and form aforesaid, according to the direction of the said act. And the jurors aforesaid, upon their oath aforesaid, do further present that afterwards, to wit, on, &c. the same being the lord's day about the hour of seven, in the afternoon of the same day, a congregation of protestants, dissenting from the Church of En (g) See form 4 Wentw, 363. See Willes, 463. as to baptists. gland, of which one R. B. was then the teacher or preacher, were assembled for the public worship and service of Almighty God, in the house aforesaid, being the same house so certified, registered, and recorded as aforesaid; and that &c. [state names of Defendants,] not regarding the laws and statutes of this realm, after wards, to wit, on, &c. with force and arms, at the same parish, and county, willingly, and of purpose maliciously and contemptuously did come into the said congregation (being then a congregation allowed by the act of parliament aforesaid) and disquiet and disturb the same congregation during the time of divine service, by then and there talking, cursing, and swearing, with a loud voice, and also by talking with a loud voice to the said R. B. then and there being in the pulpit (the doors of the said meeting house and place where the said congregation was so assembled, not being then locked, barred, or bolted) to the evil example, &c. against the peace, &c. and also against the form of the statute, &c. And the jurors aforesaid, upon their oath aforesaid do Second count. further present that the aforesaid [defendants] on, &c. with force and arms at, &c. aforesaid, did willingly, and of purpose maliciously, and contemptuously come into a certain congregation of protestants, dissenting from the church of England and scrupling infant baptism, then and there assembled, in the meeting house of R. B. there situate, for the worship and service of Almighty God, (which said congregation was then and there permitted, by a certain act of parliament, made in the first year of the reign of their late majesties king William and queen Mary of England, and so forth, entitled, "An act for exempting their Majesty's protestant subjects, dissenting from the church of England, from the penalties of certain laws") and of which congregation the said R. B. was then and there teacher or preacher, and they, the said [defendants] did then, to wit, at the same time, when they so came into the said congregation, there disquiet and disturb the said congregation, by talking, laughing, cursing, and swearing, with a loud voice, the said R. B. then and there being in the pulpit, (the said meeting house where the congregation was so assembled, being then and long before registered and recorded, according to the direction of the said last mentioned act of parliament, and the doors of the said meeting house, and place, where the said congregation was so assembled, not being then locked, barred, or bolted) to the evil example, &c. against the peace, &c. and against the form, &c. That C. B. the elder, late of, &c. and C. B. late of, &c. on, For disturbing &c. with force and arms, at, &c. did during the time of divine dissenting congregation worship, unlawfully, wilfully, maliciously, and contemptuously statute 52 Geo. on III. c. 155. s. disquiet and disturb a certain congregation of Protestant dissen12. (r) ters from the church of England, being then and there lawfully assembled for the purpose of religious worship, in a certain chapel, situated, standing, and being, in the parish aforesaid, in the county aforesaid, the said chapel being then and there duly certified, and registered, pursuant to the statute in such case made and provided, in contempt of public worship, to the evil example, &c. against the form of the statute, &c. and against the peace, &c. Second count And the jurors aforesaid, upon their oath aforesaid, do further present, that the said C. B. the elder, and C. B. the younger, afterwards (to wit) on the said, &c. with force and arms, at, &c. did, during the time of divine worship, unlawfully, wilfully, maliciously, and contemptuously disquiet and disturb a certain other congregation of Protestant dissenters from the church of England, being then and there duly and lawfully assembled, for the purpose of religious worship, in a certain other chapel, situate, standing, and being, in the parish aforesaid, in the county aforesaid, the said last mentioned chapel, being then and there duly certified and registered pursuant to the statutes in such case made and provided, in contempt of public worship, to the evil example, &c. against the form of the statutes, &c. and against the peace, &c. [Other counts describing the place of worship as a meeting house.] At common law for å riot a dissenting meeting house. (s) [Commencement of Indictment as ante 2.] That C. D. late and assault in of, &c. E. F. late of, &c. G. H. late of, &c. and divers other evil disposed persons, to the number of forty and more, to the jurors aforesaid, as yet unknown, being rioters, rout ers and disturbers of the peace of our lord the now king, and not regarding the laws and statutes of this kingdom, on, &c. with force and arms, at, &c. unlawfully, riotously, routously, aud tumultuously did assemble and meet together to disturb the peace of our said lord the king, and being so assembled together, did then and there unlawfully, riotously, routously, and tumultuously disturb several of the liege subjects of our said lord the king, peaceably assembled and met together for the purpose of hearing divine service in a certain dissenting, meeting house there situate, by riotously and routously shouting, hallooing, and making a great noise, whereby the said divine service was greatly interrupted; (r) This statute extends to all malicious disturbances affecting public worship, whether in or out of the meeting house. This precedent was obtained from the crown office, 53 Geo, Ill. The indictment must by sect. 17. be brought within six months. (s) See another precedent, 2 Starkie, 650. |